Understanding the Freelance Isn’t Free Act Recently Passed by the New York State Legislature
The New York State legislature recently passed the Freelance Isn't Free Act ("FIFA") and the bill is expected to be delivered to the Governor later this year. If passed into law, FIFA would provide important protections for independent contractors who are not afforded protections under the employment laws. To be covered by FIFA, an independent ...
Workers’ Compensation Claims, Recent Decision on Death Benefits
In Kelly v. Consol. Edison Co. of New York, 205 A.D.3d 1267, 166 N.Y.S.3d 921 (2022), the Appellate Division of the Supreme Court of the State of New York recently upheld a Workers' Compensation Board decision that the Special Fund is not liable for the death benefits filed after January 1, 2014. This is true even where liability for the original ...
New Benefits for Gig Workers in Seattle
Over the past few years, the gig economy has grown tremendously. Gig workers are independent contractors or freelancers who typically perform short-term work. Gig workers can work hourly, part-time, project-based and can either work on an ongoing contract or temporary position. Gig workers receive 1099 tax forms while employees receive W-2 ...
Employers Must Provide Notice to Employees of Surveillance Practices Under New Law
On May 7, 2022, the Governor of New York, Kathy Hochul, signed a new law requiring private sector employers who monitor or intercept their employees' emails, text messages, telephone conversations, or internet use to notify them of such practices. The new law only applies to surveillance practices put in place solely to intercept or monitor ...
Musk Threatens To Cancel Twitter Acquisition Over Bots
Tesla, Inc. CEO Elon Musk is once again threatening to terminate his $44 billion deal to acquire Twitter, arguing in a filing with the U.S. Securities and Exchange Commission this month that Twitter's alleged refusal to provide him with information needed "to facilitate his evaluation of spam and fake accounts on the company's platform" is ...
Third Circuit to Review Lower Court Decision Finding That NCAA College Athletes Are Employees Under the FLSA
The long fight for NCAA college athletes to be compensated for their work has heated up in recent years, marked by an unsuccessful Congressional effort to permit student-athletes to organize unions and major win at the Supreme Court allowing them to profit off of their name, image, and likeness. Wisconsin stand-out Johnny Davis—a projected ...
New Proposed SEC Rule Would Require Increased Disclosure of Short Sale Information
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC was required to propound rules making certain short sale data available no less frequently than monthly. The SEC recently took steps to implement that directive by publishing Proposed Rule 13f-2 on February 25, 2022, in order to increase the scope of short-sale ...
5th Circuit finds SEC’s in-house courts unconstitutional
A Fifth Circuit ruling stating that the U.S. Securities and Exchange Commission's in-house courts are unconstitutional has left legal experts with more questions than answers. The ruling was made on May 18, 2022, by a divided panel. The ruling found the SEC's in-house administrative proceeding against hedge fund manager George R. Jarkesy Jr. ...
As Fatal Crash Rates Rise in NYC, the City Looks to Speed Cameras
During the COVID-19 pandemic, New York City saw a drastic rise in pedestrian deaths caused by vehicle crashes. According to data retrieved by Gothamist, 273 people were killed on City streets in 2021. The City has various tools to control traffic and protect pedestrians, and one that has been the subject of much debate lately is speed cameras. ...
UPDATE: New York City Council Amends Salary Transparency Law, Which Now Awaits the Mayor’s Signature
As previously outlined here, in January 2022, the New York City Council enacted an amendment to the New York City Human Rights Law to require employers to list salary information in job postings. The law will require that employers post what they believe in good faith to be the minimum and maximum salary for any position for which they publish ...